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WILSON v. STROMAN

No. 20-50367 Consolidated with Nos. 20-50372, 20-50380, 20-50408, 20-50453.

33 F.4th 202 (2022)

John WILSON, et al., Plaintiffs-Appellants, v. Brent STROMAN, Chief of Police for the Waco Police Department, in his individual capacity; Manuel Chavez, Waco Police Department Detective, in his individual capacity; Abelino "Abel" Reyna, Elected District Attorney for McLennan County, Texas, in his individual capacity; City of Waco, Texas; McLennan County, Texas; Robert Lanning, in his individual capacity; Jeffrey Rogers, in his individual capacity; Sergeant Patrick Swanton, in his individual capacity; Steven Schwartz, in his individual capacity; Christopher Frost, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed April 28, 2022.

Attorney(s) appearing for the Case

Don A. Tittle, Esq. , Law Offices of Don Tittle, P.L.L.C., Dallas, TX, for Plaintiffs-Appellants.

Charles D. Olson , Michael W. Dixon, Esq. , Haley & Olson, P.C., Waco, TX, Charles Alfred Mackenzie, Esq. , West, Webb, Allbritton & Gentry, P.C., Waco, TX, for Defendants-Appellees Brent Stroman, Manuel Chavez, City of Waco, Texas, Robert Lanning, Jeffrey Rogers, Sergeant Patrick Swanton.

Thomas Phillip Brandt , Stephen Douglas Henninger , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendants-Appellees Abelino `Abel' Reyna, McLennan County, Texas.

Natalie Deyo Thompson , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Christopher Lee Lindsey , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellees Steven Schwartz, Christopher Frost.

Before Richman, Chief Judge, and Clement and Higginson, Circuit Judges.

In this consolidated appeal, Plaintiffs-Appellants challenge the district court's application of the independent intermediary doctrine to dismiss their Fourth Amendment false arrest claims. We REVERSE and REMAND for further proceedings.

I.

This case concerns the fallout from the deadly shootout...

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